Contract - Capital Metropolitan Transportation Authority (Cap Metro) - 9/27/2018 Memorandum of Understanding between the
Capital Metropolitan Transportation Authority and the City of Round Rock
Regarding the Provision of Federal Transit Administration
Section 5307 Program Funds
This Memorandum of Understanding ("MOU") regarding the provision of Federal
Transit Administration Section 5307 Program Funds is executed by and between the City
of Round Rock ("City") a local government public entity and the Capital Metropolitan
Transportation Authority ("Capital Metro") a transportation authority and political
subdivision organized under Chapter 451 of the Texas Transportation Code, collectively
referred to as "the Parties." Accordingly, the Parties set forth their intent and
understandings as follows:
I. PURPOSE
Capital Metro is the designated recipient of Section 5307 Program funding apportioned
by the Federal Transit Administration ("FTA") for the Austin urbanized area
("Designated Recipient"). This MOU outlines the Parties' mutual intent and
understanding with respect to Capital Metro's authorization of City as a direct recipient
of FTA Section 5307 Program funds. City and Capital Metro agree to work cooperatively
and in good faith in the manner set forth herein.
II. KEY TERMS
A. The Parties Mutually Agree:
1. To comply with the requirements of the Urbanized Area Formula Funding
Program (49 U.S.C. 5307).
2. Since City is not a member city of the Capital Metro transit system, City would
like to become a direct recipient of a share of the Section 5307 Program funding
apportioned to Austin urbanized area("FTA Section 5307 Program Funds").
3. During the term of this MOU, City is authorized to apply for a share of Section
5307 Program Funds apportioned and distributed to Capital Metro, as Designated
Recipient for the Austin urbanized area, based upon the distribution formula
established by the FTA for Section 5307 Apportionment Formula Distribution of
Available Funds during FTA fiscal years 2019 (October 1, 2018 — September 30,
2019) and 2020 (October 1, 2019 — September 20, 2020) (each a "FTA Fiscal
Year").
4. The distribution of any amounts payable to City as a Direct Recipient is
contingent upon the successful apportionment and distribution of Section 5307
funds to Capital Metro as the Designated Recipient for the Austin urbanized area
for FTA Fiscal Years 2019 and 2020. If the FTA does not apportion or distribute
Section 5307 Program Funds to Capital Metro as the Designated Recipient, City
will not be eligible to receive Section 5307 Program Funds as a Direct Recipient.
If the FTA reduces the amount of Section 5307 Program Funds available to
Capital Metro as the Designated Recipient, City's share of funding will be based
Page 1 of 6
CMTA/Round Rock MOU
A5307 Funds—FY 2019-2020
1 t
upon the reduced amount. Capital Metro will not be liable to City for any
damages, which are caused or associated with any FTA changes to the amounts
apportioned or distributed to the Austin urbanized area under the Section 5307.
5. Capital Metro is not obligated to provide any technical assistance or technical
support to City beyond the requirements of FTA Circular FTA C 9030.1E.
6. City's designation as a Direct Recipient requires the approval by the Capital
Metro Board of Directors, and the Round Rock City Council.
7. Capital Metro will not provide technical support or assistance beyond any that
may be required by the FTA when a Designated Recipient authorizes another
public entity to be a Direct Recipient.
B. Capital Metro's Responsibility:
1. Capital Metro will remain the Designated Recipient of Section 5307 Program
Funds apportioned by the FTA for the Austin urbanized area;
2. Capital Metro authorizes City to be a direct recipient ("Direct Recipient") of a
share of the Section 5307 Program Funds apportioned to the Austin urbanized
area based on the distribution formula established by the FTA for Section 5307
Apportionment Formula Distribution of Available Funds during FTA Fiscal Years
2019 and 2020; and
3. Capital Metro's authorizes this designation once to include all grant applications
for FTA Section 5307 Program Funds submitted by City to FTA during the term
of this MOU.
C. Round Rock Responsibility:
1. City will remain an eligible FTA grantee for the provision of transit services and
construction of transit facilities;
2. As a Direct Recipient, City will use FTA Section 5307 Program Funds to support
the planning, capital development and operation of transit services for the Round
Rock community;
3. City shall comply with all provisions of FTA Circular FTA C 9030.1E, Urbanized
Area Formula Program: Program Guidance and Application Instructions, Chapter
Il, Section 8, Applicants Other than Designated Recipients, including but not
limited to providing its local share of matching; and
4. City shall comply with all applicable requirements set forth in state or federal law,
regulations, policies, and administrative practices.
III. TERM OF MOU
This MOU will be executed and effective as of the date of the last Party to sign (the
"Execution Date") and expire on the last day of the FTA Fiscal Year 2020. The Parties
may mutually agree, in writing, to extend the term of this MOU. This MOU may be
terminated or modified by thirty (30) day advanced written notice of by either Party. In
Page 2 of 6
CMTA/Round Rock MOU
5307 Funds—FY 2019-2020
the event that either Party shall be in default of its material obligations under this
Agreement and shall fail to remedy such default within thirty (30) days after receipt of
written notice thereof, this MOU may be terminated at the option of the Party not in
default upon expiration of the thirty (30) day period. This writing constitutes the entire
MOA between Capital Metro and City. No other terms and conditions are applicable,
unless amended and agreed to by both Parties.
IV. INCORPORATION OF DOCUMENTS
This MOU incorporates by reference the following attachments:
A. Attachment A, City of Round Rock 5307 FY2016-FY2018 Allocations.
B. Attachment B, Resolution of the Capital Metro Board of Directors approving this
MOU.
C. Attachment C, Resolution of the Round Rock City Council approving this MOU.
V. SIGNATORY
This MOU is hereby accepted and agreed to by the following individuals or officers who
are duly authorized to bind the Parties as set forth above:
Ca ital Metropolitan City of Round Rock
sportation . hority
By: By:
Randy Clarke Name: Crai Morga
President/CEO Title: Mayor
Date: /o l7 l Date: 9`21-1S
oved as to fp :
Aipr
C TA Legal Department
Page 3 of 6
CMTA/Round Rock MOU
5307 Funds—FY 2019-2020
Attachment A
City of Round Rock 5307 Allocations
FY2O16 FY2O17 FY2O18
550,288 635,037 647,054
•
Page 4 of 6
CMTA/Round Rock MOU
5307 Funds—FY 2019-2020
Attachment B
Capital Metro Board of Directors Resolution No. 2018-778
[To be attached after approval.]
Page 5 of 6
CMTA/Round Rock MOU
5307 Funds—FY 2019-2020
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RESOLUTION
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CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY
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BOARD OF DIRECTORS
STATE OF TEXAS
COUNTY OF TRAVIS RESOLUTION (ID #Al-2018-778)
Round Rock MOU
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WHEREAS, Capital Metro is the Designated Recipient of Section 5307 Program funds
apportioned by the Federal Transit Administration for the Austin urbanized area; and re
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WHEREAS, the City of Round Rock has requested a portion of Capital Metro's Section
5307 funds in order to support the planning, capital development and operation of
transit services for the Round Rock community, including demand response bus
service, express bus service and reverse commute bus service.
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•• I
NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation o
Authority Board of Directors that the President & CEO, or his designee, is authorized to N
finalize and execute a Memorandum of Understanding with the City of Round Rock that
authorizes Round Rock to continue to be a direct recipient of a portion of Capital
Metro's FY2019 and FY2020 Federal Section 5307 Program funds.
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Page 3
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Attachment C
Round Rock City Council Resolution
[To be attached after approval.]
Page 6 of 6
CMTA/Round Rock MOU
5307 Funds—FY 2019-2020
•
RESOLUTION NO. R-2018-5924
WHEREAS, the Capital Metropolitan Transportation Authority ("Capital Metro") is the
designated recipient of Section 5307 Program funding apportioned by the Federal Transit
Administration ("FTA") for the Austin urbanized area; and
WHEREAS, the City of Round Rock ("City") is a non-member city of the Austin urbanized
area, and the City desires to use its share of the Austin Urbanized Area Section 5307 funding to
support the planning, capital development and operation of transit services for the Round Rock
community; and
WHEREAS, the City and Capital Metro wish to enter into a Memorandum of Understanding
to outline their mutual intent and understanding with respect to Capital Metro's authorization of City
as a direct recipient of FTA Section 5307 Program Funds,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Memorandum of Understanding with the Capital Metropolitan Transportation Authority, a copy of
same being attached hereto as Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 27th day of September, 2018.
CRAG ORG ►� Mayor
ATTEST: City of ound Rock, Texas
atzktom. vi
„1
SARA L. METE, City Clerk
OH l 2.1804, 00409517
EXHIBIT
!/All
Memorandum of Understanding between the
Capital Metropolitan Transportation Authority and the City of Round Rock
Regarding the Provision of Federal Transit Administration
Section 5307 Program Funds
This Memorandum of Understanding ("MOU") regarding the provision of Federal
Transit Administration Section 5307 Program Funds is executed by and between the City
of Round Rock ("City") a local government public entity and the Capital Metropolitan
Transportation Authority ("Capital Metro") a transportation authority and political
subdivision organized under Chapter 451 of the Texas Transportation Code, collectively
referred to as "the Parties." Accordingly, the Parties set forth their intent and
understandings as follows:
I. PURPOSE
Capital Metro is the designated recipient of Section 5307 Program funding apportioned
by the Federal Transit Administration ("FTA") for the Austin urbanized area
("Designated Recipient"). This MOU outlines the Parties' mutual intent and
understanding with respect to Capital Metro's authorization of City as a direct recipient
of FTA Section 5307 Program funds. City and Capital Metro agree to work cooperatively
and in good faith in the manner set forth herein.
II. KEY TERMS
A. The Parties Mutually Agree:
1. To comply with the requirements of the Urbanized Area Formula Funding
Program(49 U.S.C. 5307).
2. Since City is not a member city of the Capital Metro transit system, City would
like to become a direct recipient of a share of the Section 5307 Program funding
apportioned to Austin urbanized area ("FTA Section 5307 Program Funds").
3. During the term of this MOU, City is authorized to apply for a share of Section
5307 Program Funds apportioned and distributed to Capital Metro, as Designated
Recipient for the Austin urbanized area, based upon the distribution formula
established by the FTA for Section 5307 Apportionment Formula Distribution of
Available Funds during FTA fiscal years 2019 (October 1, 2018 — September 30,
2019) and 2020 (October 1, 2019 — September 20, 2020) (each a "FTA Fiscal
Year").
4. The distribution of any amounts payable to City as a Direct Recipient is
contingent upon the successful apportionment and distribution of Section 5307
funds to Capital Metro as the Designated Recipient for the Austin urbanized area
for FTA Fiscal Years 2019 and 2020. If the FTA does not apportion or distribute
Section 5307 Program Funds to Capital Metro as the Designated Recipient, City
will not be eligible to receive Section 5307 Program Funds as a Direct Recipient.
If the FTA reduces the amount of Section 5307 Program Funds available to
Capital Metro as the Designated Recipient, City's share of funding will be based
Page l of 6
CNI"TA/Round Rock M.OU
5307 Funds—FY 2019-2020
upon the reduced amount. Capital Metro will not be liable to City for any
damages, which are caused or associated with any FTA changes to the amounts
apportioned or distributed to the Austin urbanized area under the Section 5307.
5. Capital Metro is not obligated to provide any technical assistance or technical
support to City beyond the requirements of FTA Circular FTA C 9030.1E.
6. City's designation as a Direct Recipient requires the approval by the Capital
Metro Board of Directors, and the Round Rock City Council.
7. Capital Metro will not provide technical support or assistance beyond any that
may be required by the FTA when a Designated Recipient authorizes another
public entity to be a Direct Recipient.
B. Capital Metro's Responsibility:
1.. Capital Metro will remain the Designated Recipient of Section 5307 Program
Funds apportioned by the FTA for the Austin urbanized area;
2. Capital Metro authorizes City to be a direct recipient ("Direct Recipient") of a
share of the Section 5307 Program Funds apportioned to the Austin urbanized
area based on the distribution formula established by the FTA for Section 5307
Apportionment Formula Distribution of Available Funds during FTA Fiscal Years
2019 and 2020; and
3. Capital Metro's authorizes this designation once to include all grant applications
for FTA Section 5307 Program .Funds submitted by City to FTA during the term
of this MOU.
C. Round Rock Responsibility:
1. City will remain an eligible FTA grantee for the provision of transit services and
construction of transit facilities;
2. As a Direct Recipient, City will use FTA Section 5307 Program Funds to support
the planning, capital development and operation of transit services for the Round
Rock community;
3. City shall comply with all provisions of FTA Circular FTA C 9030.1E, Urbanized
Area Formula Program: Program Guidance and Application Instructions, Chapter
Il, Section 8, Applicants Other than Designated Recipients, including but not
limited to providing its local share of matching; and
4. City shall comply with all applicable requirements set forth in state or federal law,
regulations,policies, and administrative practices.
III. TERM OF MOU
This MOU will be executed and effective as of the date of the last Party to sign (the
"Execution Date") and expire on the last day of the FTA Fiscal Year 2020. The Parties
may mutually agree, in writing, to extend the term of this MOU. This MOU may be
terminated or modified by thirty (30) day advanced written notice of by either Party. In
Page 2 of 6
CMTAIRound Rock MOU
5307 Funds--FY 2019-2020
•
the event that either Party shall be in default of its material obligations under this
Agreement and shall fail to remedy such default within thirty (30) days after receipt of
written notice thereof, this MOU may be terminated at the option of the Party not in
default upon expiration of the thirty (30) day period. This writing constitutes the entire
MOA between Capital Metro and City. No other terms and conditions are applicable,
unless amended and agreed to by both Parties.
IV. INCORPORATION OF DOCUMENTS
This MOU incorporates by reference the following attachments:
A. Attachment A, City of Round Rock 5307 FY2016-FY2018 Allocations.
B. Attachment B, Resolution of the Capital Metro Board of Directors approving this
MOU.
C. Attachment C, Resolution of the Round Rock City Council approving this MOU.
V. SIGNATORY
This MOU is hereby accepted and agreed to by the following individuals or officers who
are duly authorized to bind the Parties as set forth above:
Capital Metropolitan City of Round Rock
Transportation Authority
By: By:
Randy Clarke Name: Craig Morgan
President/CEO Title: Mayor
Date: Date:
Approved as to form:
('MTA Legal Department
Page 3 of 6
CMTA!Round Rock MOD
5307 f=unds—FY 2019-2020
Attachment A
City of Round Rock 5307 Allocations
FY20.16 FY2017 FY2018
550,288 635,037 647,054
Page 4of6
CMTA!Round Rock MOU
5307 Funds—FY 2019-2020
Attachment B
Capital Metro Board of Directors Resolution No. 2018-778
[To be attached after approval.]
Page 5 of 6
CMTAIRound Rock MOU
5307 Funds—FY 2019-2020
r �
Attachment C
Round Rock City Council Resolution
[To be attached after approval.]
Page 6 of 6
CMTA/Round Rock MOU
5307 Funds—FY 2019-2020